Los Angeles daily herald., 1887-07-02
DUPONT-sTREET DECISION.
A Lucid Analysis Of Its Moral
Bearing.

Under the title OF truth ana Jastlc
at Last" the Netvs Letter recently pub
lishsd the following article, reviewin
the decision of the Supreme Court in tn
Dupont.street Widening case. Its i'm
portance as throwing light on an impor.
tant matter which has been involved TO
years in darkness, and showing th'
course of ex Mayor Bryant in the affair
fully warrants the reproduction OF th'
editorial:
"It is wonderful what clear and lu-
cid mind, accustomed to dealing witt
facts, trained to eliminate truth from
falsehood, and skilled in marshalling
the salient points of complicated case
in a simple and natural sequence, can
do ia the way of dispensing doubts, cor
rectipg error, and causing the truth to
stand out in such bold relief that falsiii-
cation and calumniation are no longer
possible. That is what Judge jackson
Temple has just accomplished in his
lengthy and masterly decision in the
case OF Lent ct al. VS.. Tilson ct al, popu-
larly known as the Dupontstreet Wild
eniDg case.
The pleadings involved an investiga-
ton into almost every act the Commls-
sioners performed, and certainly into
every act that the subtlest legal ingenu-
ity was capable of calling into question,
and the result is thorough and com
plete vindication of the legality of each
and every, all and sundry of the official
acts of the Board of Dupont.street Com.
missioners, consisting of A. j. Bryant,
George Maynard and William P. Hum
phreys, who held their positions through
no solicitation on their part, but had it
imposed upon them by the Legislature
at the desire of the property owners in.
terested. Being respectively the Mayor,
Auditor and Surveyor of this city and
county, the duty was imposed upon them
ex-officio of acting as DupOnt.street
Commissioners, The owners of prop
erty on Kearney had, by a widening
operation, quadrupled the values of
their estates, and the Dupont-street
people hoped, and, as the result has
proved, with some reason, that like
operation would bring them a great, if
not like, gain. Dupont street was we'll
located near to the business center OF
the city, but was little better than q
narrow lane that could have no future
of promise unless it could be widened
and improved in manner worthy of its
immediate neighborhood. In this con.
diiton of affairs the property owners
went to the Legislature, procured an
enabling act authorizing the widening of
the street, aud appointing the Mayor,
Auditor and Surveyor q board to carry
out the improvement and assess dam.
ages and benefits, subject to confirma-
ton by the Judge Wright of the Coun-
ty Court.
The Board of Commissioners at once
organized and took hold OF the business
in an energetic manner worthy of the
vigorous business men they were. II.
s. Tibbey was appointed their secretary.
at the earnest sol itation and almost
demand of many of property owners.
Unexpected Difficult ss cropped up at
almost every turn. was found i'm.
practicable to carry he widening fur
ther than Bush street, D ecause the own
ers of property on Mob Hill would not
permit the grade of Dupont street to be
changed at California street, withou
which it was useless to widen the street
at that point. Concessions had to be
made to litigious property owners, of
whom the late Thomas 81. Blythe was
one of the most prominent and persist.
ent. The equalizing of damages and
benefits frequently seemed task that
could never be brought to q
conclusion satisfactorily. Negotia.
tions, bargains and compromises
were necessarily frequent and
harassing. But it is marvellous how
difficulties can be cleared from their
paths by determined men. Mayor Bry-
ant, as the most positive and aggressive
member of the board, naturally carried
more than his fair share of the burden.
As is his custom in all that he under.
takes, his energy increased with the ne.
cessity for its exercise. He was not
going to allow any removable difficulties
to stand in the way of the successful
accomplishment of public work which
he had been appointed to complete.
Finally adjustments were made, the ap.
proval thereof by the property owners
secured, and the confirmation of the
County Court obtained. The widening
was commenced and carried rapidly on
to completion, and to-day is public
improvement that is worth all, and q
great deal more, than it cost. The prop.
erty owners have adequately increased
their rents aud their real estate values,
and the whole city is benefited.
But San Franciscans are nothing it
not litigious. In their capacity as tax
PAYERS it most be confessed that they
have derived much encouragement for
litigation from the courts. No great
public improvement has been effected in
}his city that has not been the subject
II litigation in some form or other, and
Ee Dupont-street widening was to
love no exception to the rule. The
brk had been paid for out of the pro.
eds OF bonds amounting to 81, 900, 900,
airing 7 per cent. per annum, and
Itch had been placed on the market as
. lvided for by law. The property.
\ Hers benefited were assessed under
Ilaw to provide a sinking fund and
interest. When, however, the work
W lcompleted, approved and excepted,
thought that the lawyers would
irregularities enough to vitiate the
lments in this case as they had
In so many others. They defaulted
bondholders, and their liability is
biect of the decision that has just
endered against them. The case
on decided against them upon
\oint, and they will now have to
tunately, in reaching this con.
much bad blood was engendered
way, and charges were made
|sved in some instances) that
a entirely dispelled by the
exposition of the facts by the
cisl mind that adorns the Su.
,h of the state. Judge Jack
has hardly an equal, and
superior, on this coast, as
decision is concurred in by
Niles, Searles and Justices
Thornton and Mcfarland.
deals exhaustively with
and leaves not scintilla of
egality and good faith OF
be Commissioners.
must be peculiarly crafty.